“disciplinary action”, in relation to a casino operator, means one or more of the following:

(a)

the cancellation or suspension of a casino licence;

(b)

the issuing of a letter of censure;

(c)

the variation of the terms of a casino licence;

(d)

the imposition of a financial penalty not exceeding $1 million for each ground of disciplinary action;

“grounds for disciplinary action”, in relation to a casino operator, means any of the following grounds:

(a)

that the casino licence was improperly obtained in that, at the time the casino licence was granted, there were grounds for refusing it;

(b)

that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or a condition of the casino licence;

(c)

that the casino premises are, for specified reasons attributable to the casino operator, no longer suitable for the conduct of casino operations;

(d)

the casino operator is, for specified reasons attributable to the casino operator, considered to be no longer a suitable person to hold the casino licence having regard to the matters in section 45(2);

(e)

the casino operator has failed to comply with a direction under subsection (7) of section 63 within the time referred to in that subsection to terminate an association with an associate.

(2) The Authority may serve on a casino operator a notice in writing affording the casino operator an opportunity to show cause within 14 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.

(3) The casino operator may, within the period allowed by the notice in subsection (2), arrange with the Authority for the making of submissions to the Authority as to why disciplinary action should not be taken and the Authority shall consider any submissions so made.

(4) The Authority may then take such disciplinary action against the casino operator as the Authority sees fit by giving written notice to the casino operator of the disciplinary action that the Authority intends to take.

(5) The cancellation, suspension or variation of a casino licence under this section takes effect when the notice under subsection (4) is given or on a later date specified in the notice.

(6) A letter of censure may censure the casino operator in respect of any matter connected with the operation of the casino and may include a direction to the casino operator to rectify within a specified time any matter giving rise to the letter of censure.

(7) If any direction given under subsection (6) is not complied within the specified time, the Authority may, by giving written notice to the casino operator, cancel, suspend or vary the terms of the casino licence or impose a financial penalty not exceeding $1 million without affording the casino operator a further opportunity to be heard.

(8) If a casino operator operates a casino during the suspension of the casino licence, the Authority may, by written notice, impose a financial penalty not exceeding $1 million on the casino operator for every day or part thereof that the casino operations continue while the casino licence is suspended, without affording the casino operator a further opportunity to be heard.

(9) A member of the Authority who has participated in the consideration of disciplinary action against a casino operator is not prevented by that reason alone from considering whether further disciplinary action should be taken against that casino operator.

[Vic. CCA 1991, s. 20]

History for Provision
'54 Disciplinary action against casino operator'.